Deutsche Bank National Trust Company v. Dudoit, Jr.

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
09-JAN-2025
08:48 AM
Dkt. 31 OGMD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I

DEUTSCHE BANK NATIONAL TRUST COMPANY, A NATIONAL BANKING
ASSOCIATION, AS TRUSTEEE ON BEHALF OF THE HIS ASSET
SECURITIZATION CORPORATION TRUST 2007-NC1, Plaintiff-Appellee,
v.
JOHN LYON DUDOIT, JR.; DEBORAH ANN DUDOIT,
Defendants-Appellees,
and
SOLARCITY CORPORATION; PALEHUA COMMUNITY ASSOCIATION,
Defendants-Appellees,
and
JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50; DOE
CORPORATIONS 1-50; DOE ENTITIES; 1-50; AND DOE GOVERNMENTAL UNITS
1-50, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CASE NO. 1CC141002171)

ORDER
(By: Nakasone, Presiding Judge, McCullen and Guidry, JJ.)

Upon consideration of Plaintiff-Appellee Deutsche Bank
National Trust Company, a National Banking Association, as
Trustee on Behalf of the HIS Asset Securitization Corporation
Trust 2007-NC1's (Deutsche Bank) Motion to Dismiss Appeal, filed
December 26, 2024, the papers in support, and the record, it
appears that Deutsche Bank seeks dismissal of the appeal filed by
self-represented Defendants-Appellants John Lyon Dudoit Jr. and
Deborah Ann Dudoit (Dudoits) from the Circuit Court of the First
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Circuit's minute order entered November 13, 2024 (Minute Order),
and its "decision, if any, adopting" Deutsche Bank's proposed
"Order Granting Plaintiff's Motion for Confirmation of Sale,
Distribution of Proceeds, and for Writ of Ejectment Filed
December 1, 2023" (Confirmation Order) for lack of jurisdiction.
Deutsche Bank's motion has merit. The Minute Order is
not appealable, nor will it be a final, appealable order or
judgment after it is reduced to a formal, written order. Hawai#i
Revised Statutes § 641-1(a) (2016); Jenkins v. Cades Schutte
Fleming & Wright, 76 Hawai#i 115, 119, 869 P.2d 1334, 1338
(1994); Abrams v. Cades, Schutte, Fleming & Wright, 88 Hawai#i
319, 321, 966 P.2d 631, 633 (1998). The Confirmation Order and
its corresponding Hawai#i Rules of Civil Procedure Rule 54(b)
Judgment were entered on May 9, 2024. Though the May 9, 2024
Judgment is appealable, the Dudoits filed the November 20, 2024
Notice of Appeal more than thirty days after its entry, which is
outside of the deadline set forth in Hawai#i Rules of Appellate
Procedure (HRAP) Rule 4(a)(1). The record does not indicate that
the Dudoits received an extension of time to appeal under HRAP
Rule 4(a)(4), or that the deadline was otherwise tolled by a
timely-filed post-judgment motion under HRAP Rule 4(a)(3).
Compliance with the requirement of timely filing a notice of
appeal is jurisdictional. Grattafiori v. State, 79 Hawai#i 10,
13, 897 P.2d 937, 940 (1995).
Therefore, IT IS HEREBY ORDERED that the motion is
granted, and the appeal is dismissed for lack of jurisdiction.
IT IS FURTHER ORDERED that all other pending motions
are dismissed.
DATED: Honolulu, Hawai#i, January 9, 2025.

/s/ Karen T. Nakasone
Presiding Judge

/s/ Sonja M.P. McCullen
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

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